Commission regulation (EC) No 865/2006Show full title

Commission regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

Article 56U.K.Artificially propagated specimens of plant species

1.A specimen of a plant species shall be considered to be artificially propagated only if a competent management authority, in consultation with a competent scientific authority of the Member State concerned, is satisfied that the following criteria are met:

(a)the specimen is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions;

[F1(b) the cultivated parental stock is established and maintained in accordance with the definition set out in Article 1(4a);]

[F2((c)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1(d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with points (a) and (b).]

[F3For the purposes of point (a), controlled conditions refers to a non-natural environment that is intensively manipulated by human intervention, which may include but is not limited to tillage, fertilisation, weed control, irrigation, or nursery operations such as potting, bedding and protecting from weather. For agarwood producing taxa, which are grown from seeds, cuttings, grafting, marcoting-air-layering, divisions, callus tissues or other plant tissues, spores or other propagules ‘ under controlled conditions ’ refers to a tree plantation, including other non-natural environment that is manipulated by human intervention for the purpose of producing plants or plant's parts and derivatives.]

[F12. Timber and other parts or derivatives of trees taken from trees grown in monospecific plantations shall be considered to be artificially propagated in accordance with paragraph 1.]

[F43. Trees of agarwood producing taxa grown in cultivation such as:

(a) gardens (home and/or community garden);

(b) state, private or community production plantation, either monospecific or mixed species,

shall be considered to be artificially propagated in accordance with paragraph 1.]

Textual Amendments